83 FR 13523 - Notice of Lodging of Proposed Consent Decree Under the Clean Air Act

DEPARTMENT OF JUSTICE

Federal Register Volume 83, Issue 61 (March 29, 2018)

[Federal Register Volume 83, Number 61 (Thursday, March 29, 2018)]
[Notices]
[Pages 13523-13524]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06366]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean Air 
Act

    On March 23, 2018, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the District 
of North Dakota in the lawsuit entitled United States of America v. XTO 
Energy Inc., Civil Action No. 1:18-cv-00060.
    The lawsuit seeks injunctive relief and civil penalties for 
violations of the Clean Air Act and the Federal Implementation Plan for 
Oil and Natural Gas Well Production Facilities; Fort Berthold Indian 
Reservation at well pads owned and operated by XTO Energy Inc. 
(``XTO'') on the Fort Berthold Indian Reservation in North Dakota. The 
violations relate to alleged failures to adequately design, operate, 
and maintain storage tank vapor control systems, resulting in emissions 
of volatile organic compounds (``VOC'') and other pollutants to the 
atmosphere.
    The proposed consent decree covers all 20 of XTO's well pads on the 
Fort Berthold Indian Reservation. The proposed decree requires XTO to 
perform injunctive relief, including conducting engineering evaluations 
of the vapor control systems at each of the well pads to ensure that 
they are adequately sized and designed. XTO must also complete one 
environmental mitigation project, estimated to cost at least $425,000, 
and pay a $320,000 civil penalty. Entering into and fully complying 
with the proposed consent decree would release XTO from past civil 
liability at the tanks systems as associated vapor control systems for 
violations of the Fort Berthold FIP relating to VOC emissions from 
storage tanks.
    The publication of this notice opens a period for public comment on 
the consent decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States of America v. XTO Energy Inc., D.J. Ref. 
No. 90-5-2-1-11656. All comments must be submitted no later than thirty 
(30) days after the publication date of this notice. Comments may be 
submitted either by email or by mail:

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         To submit comments:                     Send them to:
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By email............................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ-ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
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    During the public comment period, the consent decree may be 
examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the consent decree upon written request and payment of reproduction 
costs. Please mail your request and payment to: Consent Decree Library, 
U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611.
    Please enclose a check or money order for $17.00 (25 cents per page

[[Page 13524]]

reproduction cost) payable to the United States Treasury.

Robert Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2018-06366 Filed 3-28-18; 8:45 am]
 BILLING CODE 4410-15-P